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Results: 4 Answers
International Arbitration
9.
The role of the court during an arbitration
9.1
Will the court in your jurisdiction stay proceedings and refer parties to arbitration if there is an arbitration agreement?
 
Singapore
Yes. A party to an arbitration agreement, or any person claiming through or under such party, may make an application to the Singapore courts to stay the proceedings in respect of any matter which is the subject matter of the arbitration agreement between the parties. Such an application may be made at any time after appearance and before delivering any pleading or taking any other step in the proceedings (Sections 6(1) and 6(5) of the AA; Sections 6(1) and 6(5) of the IAA).

Under the IAA, the court to which an application is made shall make an order staying the proceedings insofar as they relate to the subject matter of the arbitration agreement, unless the court is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed (Section 6(2) of the IAA).

Under the AA, the court has the discretion to grant a stay if it is satisfied that;

  • there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement; and
  • the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary for the proper conduct of the arbitration (Section 6 of the AA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
9.2
Does the court in your jurisdiction have any powers in relation to an arbitration seated in your jurisdiction and/or seated outside your jurisdiction? What are these powers? Under what conditions are these powers exercised?
 
Singapore
Under both the AA and the IAA in respect of domestic and international arbitrations, the Singapore courts have the power to:

  • order a stay of court proceedings in favour of arbitration (see question 32) and make various orders ancillary to the stay (Sections 6(3), 6(4), and 7 of the AA; Sections 6(3), 6(4) and 7 of the IAA);
  • review the tribunal’s jurisdictional rulings (see question 15);
  • hear challenges against arbitrators (see question 26);
  • order interim relief (Section 31 read with Section 28 of the AA; Section 12A read with Section 12 of the IAA);
  • enforce orders or directions made by the tribunal (see question 29(c)); and
  • hear applications to set aside or to enforce arbitral awards, as the case may be (see questions 38 to 43).

Specifically, under the IAA in respect of international arbitrations, the Singapore courts have the power to:

  • order that a subpoena to testify or to produce documents be issued to compel the attendance before an arbitral tribunal of a witness, wherever he or she may be in Singapore (Section 13 of the IAA); and
  • order interim relief in aid of international arbitrations to which Part II of the IAA applies, irrespective of whether the place of arbitration is in the territory of Singapore (Section 12A(1)(b) of the IAA).

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP
9.3
Can the parties exclude the court's powers by agreement?
 
Singapore
Neither the AA nor the IAA has provisions expressly permitting the parties to exclude the powers of the court by agreement.

For more information about this answer please contact: Alvin Yeo and Koh Swee Yen from WongPartnership LLP

For more information about this answer please contact: Alvin Yeo from WongPartnership LLP